Legal Question in Civil Litigation in California

RE: Tolling Statute of Limitations pending fee waiver approval; ... If a Plaintiff files suit in Superior Court (Unlimited), on the last day to file (to beat the S.O.L.) and the court takes 2-3 weeks afterwards, before deciding/confirming the Fee-Waiver application and DENIES application, and Plaintiff decides to re-files case elsewhere, would the court's 2-3 week hold, Toll the statute of limitation (because the court caused an unusual delay) or, if not would Plaintiff be unable to beat the S.O.L.?


Asked on 4/29/15, 3:17 pm

1 Answer from Attorneys

No. The filing should be valid as of the date filed if the plaintiff pays the filing fee in the court that denied the fee waiver. Dismissal in the first court and refiling elsewhere will blow the statute of limitations.

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Answered on 4/29/15, 3:37 pm


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